Army Rules Ban Minors In Witnessing Executions, So How Can the Pentagon Livestream Nidal Hasan's Death Online?

The Army prohibits anyone under 18 from witnessing an execution, yet the Pentagon says it will livestream Nidal Hasan's scheduled death. Army regulations do not address online broadcasts, leaving questions over how the livestream could proceed and whether age restrictions would apply.

A Pentagon official told the Washington Examiner the execution will be livestreamed, after Defence Secretary Pete Hegseth said the department would ensure people could watch.

Acting Army Secretary Adam Telle scheduled the execution for 3 December at 1 pm Central Standard Time at Fort Hood, Texas. Hasan was convicted in 2013 of 13 counts of premeditated murder and 32 counts of attempted murder.

What Army Regulations Say About Execution Witnesses

Army Regulation 190-55, paragraph 2-5, lists who may attend an execution and states that no one under 18 shall witness it. The commandant of the US Disciplinary Barracks approves the witness list, apart from news media witnesses.

The regulation is dated 30 October 2023. It does not mention broadcasting an execution, and was not written to contemplate witnesses outside the execution site, a legal expert told the Associated Press.

Three Possible Ways the Army Could Proceed

The regulation says its proponent, the Provost Marshal General, can approve exceptions. CNN reported that the general may waive provisions as long as the waiver does not violate the law or a higher binding regulation.

Senator Jack Reed said Trump would have to approve a waiver for the execution to be public. The reports differ on who would sign it.

Military law experts told Snopes the Army could change its regulations or waive them to allow a livestream.

Deborah Denno, a Fordham law professor, said a livestream would raise questions, including whether it would be age-restricted. A truly public stream would make it impossible to approve a witness list in advance, because people could log in on the day without registering. The sources reviewed do not explain how an age limit could be enforced online.

What the Army Has Yet To Clarify

The regulation assigns responsibility for approving the witness list to the commandant of the Disciplinary Barracks. Hasan is held at the barracks at Fort Leavenworth, Kansas, but his execution is scheduled to take place at Fort Hood, Texas. The Army has not said who would approve witnesses at the execution site.

Pentagon officials said more details would follow. Earlier, the Pentagon referred questions about publicising the execution to the Army, which did not respond to CNN.

Why Legal Challenges to the Livestream Could Be Limited

Broadcasting is not covered by the Army rules, and there is no apparent viable legal path to oppose it by anyone besides Hasan. He has not signalled whether he will try.

One legal expert suggested a novel possibility: parents who do not want their children to see the execution online, either live or later. Legal experts say Hasan could delay the execution by years by filing a habeas corpus appeal in federal court.

Trump Administration Sends Mixed Signals on Livestream

Trump told ABC News 'they're making a determination about that' when asked about the livestream, and the White House referred questions to the Pentagon.

It was also reported that, when asked whether he approved the livestreaming, Trump said 'Did I approve? Absolutely.' Vice President JD Vance said he was not sure it would happen, adding, 'If it's through live stream, I'm not going to be watching it.'

Federal Communications Commission Chairman Brendan Carr said he would defer to the Pentagon on whether US networks could air it.

Critics and a Survivor Weigh In

Hegseth said the execution should be public so people understand the seriousness of the penalty. Representative Adam Smith, a Democrat from Washington state, said a livestream 'makes a mockery of our legal system.'

Archbishop Paul Coakley, president of the US Conference of Catholic Bishops, called the plan a 'barbaric promotion of a culture of death.' Lunsford, a Fort Hood survivor, supports the execution and plans to attend. He said families and survivors should be able to see it uncensored.